2016 (1) TMI 1327

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..... nature of Demerger and Transfer of the Hotel Management Undertaking of Haywood Hospitality India Private Limited to Gujarat JHM Hotels Limited and Restructure of Share Capital of Haywood Hospitality Private Limited, is proposed under Sec. 391 to 394 read with Sections 78 and 100 to 103 of the Companies Act, 1956, as well as Section 52 of the Companies Act, 2013. 2 In this regard, the present app .....

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..... lders and Creditors as well as the receipt of consent letters from all the Shareholders and Unsecured Creditors are annexed collectively as Exhibit' E'. In view of the same, dispensation is sought from convening the meetings of the Equity Shareholders and Unsecured Creditors of the Applicant Company. Considering the facts and circumstances and the submissions advanced by the learned counsel for th .....

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..... s further submitted that the approval granted to the present Scheme by the Equity Shareholders of the Applicant Company, in the form of the consent letters, shall be treated as the Special Resolution as required under Section 100 of the Companies Act, 1956. It is further submitted that, the interest of the creditors of the Applicant Company is not, in any way, affected by such reduction. 6 In vie .....

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